Ordinance 1652�
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OItDINANCE N0. 1652
AN ORDINANCE AMENDING CHAPTER 41 OF "THE
CODE OF THE CITY OF MIAMI BEACH, FLORIDA"
BY ADDING A NEW ARTICLE THEItET4, IMMEDI-
ATELY FOLLOWIbTG ARTICLE V OF SAID CHAPTER,
TO BE ENTITLED "ART�CLE '�I - AN ORDINANCE
CREATING THE TOURIST DEVELOPMENT AUTHORITY
OF THE C I'i'Y OF MIAMI BEACH, FLORID►A, AND
ESTABLISHING THE MEMBERSHIP, DUTIES AND
POWERS OF SUCH AUTHORITY."
BE IT ORDrAINED BY THE CIZ"Y COUNCI�. QF THE CITY OF MIAMI BEACH, FLORIDA:
SECTI4N 1: That Chapter 41 of "The Code of the City of Miami Beach, Florida" be
and the same is hereby amended, by adding thereto a new a rtic Ie to be
entit led "Artic Ie VI", to f ollow Artic le V, and to read as follows :
"rA►BTICLE VI
AN ORDINANCE CREATING THE TOURIST DEVELOP-
MENT AUTIiORITY 4F �.'HE C ITX OF MIA.MI BEACH,
FLflRIDA, AND ESTABLISHIN� THE MEMBERSHIi',
DUTIES AND POWERS OF SUCH AUTHORI3.'Y.
SECTION 4 i.b3 DECLARATION OF PURPOSE ,
There is hereby created and established a Board Qr Co�ission to
be known as "The Tourist Development Authority of the City of Miami
Beach, Florida", hereinafter referred to as the "Authority".
SECTION 41.64 MEMBERSHIP OF AtiTH4RITY .
The Authority shall consist of five (5) members, who shall be
citizens of the United States, permanent resxdents of Dade County,
Florida, and who have outstanding reputations for civic pride, interest,
int�grity, responsibility and business ability within the City of Miami
Beach, Florida. Members of the Authority and any and all employees of
the Authority shaZ1 not hold any other el�ctive public office and shall
be prohibited fram voting on any matter they may be, directly or in- -
directly, financially i�nterested in the profits or emoluments of any
contract, wort� or service for the City or the Authority, and shal.l
not hold any elective public office ar become a candidate for eiection
to any public o�fice, or take part in a�y City of I+�iami Beach political
campaign involving candidates for office, except to exercise their
rights as a citizen privately to express their opi�ions and cast their
votes. The five (S) members of �he Authority sha 11 be representa�ive
of the community, as fol.Iows: Not less than two (2) nor more rhan
two (2) m,embers sha11 be representative. of the hotel industry; and
the �hree (3) remaining members, none af whom sha11 b.e representative
of the hotel industry, sha11 represent the community at large.
SECTION 4I.65 APFOINTMENT AND QU�ALIFICATIONS OF MEMBERS,
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The members of the Authority sha11 be appointed by a majority
vote of the City Counci3 in the following manner: Initially, one (1)
member sha7.1 be appointed for a period of two (2 ) years ; two (2) mem-
bers shall be appointed �or a period of three (3) years; and two (2)
members shall be appointed for a period of four (4) years. A].1 sub-
sequent appointmenCs, except f or f i3�ing vacancies, shall be for a
period of four (4) years. Nv two menabers sha12 be connected or have
any financial ties with the same business enCity, and no trao original
appoinrees having an appointment for the same period of years shall
come from the same busxness classification. Vacancies occurring sha11
be fiiled by appointment of the City Counci� for the unexpired period,
and in the same manner as the origina]. appointment. Members shall
serve until the expixatian of their terms or until a successor is
appointed. As the term of each member expires, the remaining members
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of the Authority shall submit Co the City Council, at least sixty (60)
days prior to the date of the expiration of the term, or within
sixty (60) days after the date of death, resignation or removal of
any member, the names of citizens who are qualified to fill such
vacancy and serve as members of the Authority, and the City Council
may forthwith, by a majority vote, appoint one of such persons
recommended by the remaining members of the Authority, to serve as
the successor to the member whose te �n is expiring or to fi31 an
existing vacancy on �he Authority. Such recc�nmendations shall be
made by resolution adopted by a majority of the remaining members of
the Authority, provided, however, that in the event that none of the
persons reco�►mended receive a majority vote of the Council, the
Authority shall submiC a second Zist of names of other persons
deemed qualif ied to serve on the Authority, within ten (10) days,
provided, however, that in the event none of the persons on the
second list of nominations receive a majority vote of the Council,
the City Council shall then, by a majority vote, appoint such other
person as it deems proper, provided there sha11 always be two (2)
members representative of the hotel industry, The second list of
persons deemed qualified to serve on the Authority shall be submitted
by the Au�hority �o the City Council nat later than the second regular
meeting of the City Council, af�er the Authority has been duly notified
that no person originalZy naminated had received a majority vot� of
�he Council,
SECTION 41.66 REMOVAL OF MEMBERS FOR CAUSE.
Any member of rhe Authority may be removed from office by
four-seven�hs (4/7) vote of the City Council for malfeasance, mis-
feasance, or nonfeasance in office, upon specific charges filed with
the Ci�y Council. However, be�ore a member may be removed, he must
be served with a copy of the charges fi.led against him at least ten
(i0) days before action thereon by the City Council and given an
opportunity to be heard in person, or by counsel, at a public hearing,
if requested in cariting. Such member, if removed by the City Council,
may have the action of the Council reviewed by proper court action.
SECTION 41.67 0_FFICERS,; DUTIES ; AND COMPENSATION .
As soon after appoxntment of the Authority as may conveniently
be done, the Ciry Council sha11 call the �irst meeting of the Authority,
for the purpose of its organization. The Authority shall select from
its membership, from time to time, a Chairman and a Vice Chairman,
who shall serve for a period of two (2) years. The Chairman and Vice
Chairm.an shall be representative of different industries, cZassifications
or categories. The Authority may employ a Directvr and an Assistant
Director, neither of whom shall be membe�s of the Authority, and each
of wham shall serve at the pleasure of �he Authority. The�.r compensa-
tion sha11 be fixed by the Authority. The Director shali have genera3.
charge of the work of the Authority, and shall dizect the enforcement
of all policies and directives established by the Authority. The
Director sha11 be a person of recognized ability and experience. Such
Director sha11 maintain and keep the records of the Authority and
shall be responsible for causing minutes of a11 Authority meetings to
he recorded, transcribed and maintained, subject to the supervision and
control, of the Authority, and said minutes shall be pubiic record.
The Director shail have aclr.�inistrative managernent of the praperty an�d
facilities of the Authority and the employees thereof, and sha11 pertorm
such other duties as may be presc ribed from time to ti,me by the
Authority. Members of the Authority shall receive no compensation f or
�he�r services, but shal.l be entitled to reimbursement for necessary
expenses incurred in the perf ormance of their duties, in accordance
with budgetary provision th�refor.
OTHER EMPLOYEES: Within budget �imitations, as set forth in an
appropriate budget document, the Authority may
appoint or emp7.oy such employees as may be necessary for the proper
performance of its duties and functions and the efficient o�eration
of the Authority and the work within its jurisdiction.
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SECTION 41,68 POWERS AND JURISDICTION OF TH}. AUTHORITY.
The Authority shall have the f ollvwin� powers and duties:
(a) To make a11 necessary rules and regulati �ns for the efficient
operation of the Authority.
(b) To take a11 necessazy and proper action :o promote the
tourist industry for the City of Miami BEach, including
but not restricted to, causing expert stL3ies �o be made,
pramotional programs, the recommendations and development
of tourist attractions and facilities witlin the City of
Miami Beach, and to carry out programs of information,
Special Events, Convention Sales and I�iark :ting, and
Advertising designed to attract tourisCS, visitors and
other interested persons.
(c) The City Council sha].1 have exclusive jurisdiction and
power pertaining to the cons�ruc�rion and expansion of all
capital improvem�ents, and the operation anl maintenance of
a11 capital facilities and improvements.
(d) To enter into purchasing contracts or purc�.asing activities
for and in rhe name of the Authority as an agency of the
Ci�y, provided, however, that no contract i� excess of
$2,500.00 shall be entered i.nto withouC the prior approva�.
of the Authority .
(e) All purchasing contracts sha11 be in accordt.nce with pro-
cedures required by the ordinances of the C�ty or by general
law, except as stated in {d) above.
(f) To annually prepare and submit a Budget for the expenditures
of that por�ion of the "Special Fund" provided for in
Artic 1e V, Section 4I .60, or any future amendment thereof ,
of "The Code of the City of Miami Beach, Florida", as
authorized and �ixed by the City Councii. Cammencing
4ctober I, 1967, monies collected atter said October I, 1967,
and placed in said "Special Fund" shall be pro-rated, allocated
and appropriated for the Authority as �ollows;
{1) �.f the annual fund collected do�e� not exceed $2,5Q0,000,�0,
tht�n no� less than 25`i� vf �uch fund i� hereby allocated
to t:�c ��uthority .
(2} If the annual fund collected exceeds $2,504,000.00 but
does not exceed $3,000,000,00, then not less than 4�%
of the totai sum collected is hereb� allocated to the
Autharity .
If the annual fund collected exceeds $3,000,040.00, then
no� less than 50p/o of the total sum collected is hereby
a llocated to the Authority.
Any applicable percentage alZocation of Special Funds to the
Authority as herein detailed shall apply to the total net
"Special F�nd " receipts in any given period.
To take all action which shall be necessary and proper f or
carrying into execution the foregoing powers and all other
powers vested in the Authority by law.
The provisions of the "Conf lict of Interest Ordinance" of
the Ciry af Miarni Beach shaZ1 be considered a part of this
ordinance.
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SECTION 4�, .69 BjJDGET AND EXPENDITURE OF,�FUNDS
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The Authority shail not have the pawer to expend funds or
obligate the City for any amount in excess o� that provided for in
the current Budget of the Authority. Annuall.y, on or before July lst,
the Authority shall prepare and subinit to �Che City Council a Budget
accurately itemizing all. estimated revenue and exgenses for the
succeeding fiscal year beginning October lst. The Authority shall
not expend or incur any liability which is not authorized or pro-
vided for in its current Budget, or any amendment thereto approved
by the City Council. All expenditures made by the Authorfty within
its cuYrent Budget shali be paid out by voucher and warrant as in
the case of other mur►icipal expenses, provided, however, iC is
paid out only from the "Special Fund". The Authority shall aperate
within and be bound by the Budget as a pproved by the City Counci�.
SECTION 41.70 ME1'�iQD OF REPEAL.
This ordinance may be amended, supplemented or ch8nged onXy
by a four-fifths (4/5) vote of the Authority plus a five-sevenths
(5%7} vote of the City Council.
'� T1iis ordinance may be otherwise amended or repea led only
af ter the City Council has he ld a public hearing for the consideratian
thereof, fol].owing at least fifteen (15) days notice pub�ished in a
newspaper of general circulation in the City. Any ordinance repeal-
ing this ordinance, or any provisian hereof pertaining to the powers
of the Authority, as enumerated in Section 41.b8 hereof, shall not be
effective unless such measure shalx have been app�oved by the
electorate in accordance with the provision of Che City's Charter
pertaining to referendum elections.
SECTION 41.71 BONDING OF AUTH4RITY
�he Authority shall require and provide that its employees
be covered by a proper surety fidelity bond, in amounts to be fixed
and deteraained by the Authority, said bond to be appraved by the
City Attarney."
SECTI4N 2: A11 ordinances or parts of ordinances in confli�ct herewith be �nd
the same are hereby repealed.
SECTION 3; T'he health and welfare of the Cit}� being in peril, the three read-
ings of this ordinance shall be had in one session and the City
Counci 1 f indir►g that this ordinance is necessar� for the i�ediaCe protec tion of
its citizens, it sha11 therefore go into effect immediately upan House Bill 2356,
or substitute therefor, now pending in the Legislatur� becoming a law.
PASSED and ADOPTED
Rouleau
erk and Finance
5th day of June ,
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STATE OF FLORIDA
CCSUNTY OF DADE :
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I, RUTH B. ROULEAU, City C lerk and Finance Director in
and for the City of Miami Beach, Florida, do hereby certify that
Ordina��e No. 1652 entitled: "AN ORDINANCE AMENDING CHAPTER 41
OF 'THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA' BY ADDING A NEW
AR,TICLE THERETO, IMMEDIATELY FOLLOWING ARTIC;GE V OF SAID CHAPTER,
TO BE ENTITLED ;�ARTICLE VI - AN ORDINANCE CRF,ATING THE TOUR.IST
DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI BEACH, FLORIDA, AND
ESTABLISHING THE MFMBERSHIP, DUTIES AND POWERS OF SUCH AUTHORITY�"
having been passed and adopted by the Cit� Council of the City of
Miami Beach, Florida, has been posted by me in three conspicuous
places in the City of Miami Beach, one of which was at the door
of the City Hall in said City on the 5th day of June, 1967
and that said Ordinance remained posted for a period of at least
thirty days in accordance with the requirements of the City Charter
of the said City of Miami Beach.
IN WITNESS WHEREOF I have hereunto set my hand and
affixed the official seal of the City of Miami Beach, Florida,
on this the 19� day of July, 1967.
City Clerk and Finance Director
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